Federal Register Summary for week of 17 April

Agriculture

Importation, Interstate Movement, and Release Into the Environment of Certain Genetically Engineered Organisms

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; notice of public meeting and extension of
comment period.

SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service is holding an issue-focused public meeting on April
29 and 30, 2009, on its proposed rule, "Importation, Interstate
Movement, and Release Into the Environment of Certain Genetically
Engineered Organisms." The April 2009 issue meeting will provide an
opportunity for interested persons to discuss in a collaborative forum
the key concerns that were raised during the comment period on the
proposed rule with U.S. Department of Agriculture officials and with
one another.

DATES: The comment period of the proposed rule published at 73 FR
60007, Oct. 9, 2008, reopened and extended at 74 FR 2907, Jan. 16,
2009, is reopened and extended until June 29, 2009. The public meeting
will be held on April 29 and 30, 2009, from 9 a.m. to 5 p.m. each day.
We will consider all comments that we receive on the proposed rule on
or before June 29, 2009.

ADDRESSES: The public meeting will be held at the USDA Center at
Riverside, 4700 River Road, Riverdale, MD, in Conference Room B. For
directions or facilities information, call (301) 734-8010.

SUMMARY: We, the National Marine Fisheries Service (NMFS), will be
designating critical habitat for the endangered Cook Inlet beluga whale
(Delphinapterus leucas) under the Endangered Species Act (ESA). The
designation will involve areas within Cook Inlet, Alaska. This advance
notice of proposed rulemaking (ANPR) identifies issues for
consideration and evaluation and solicits comments regarding these
issues.

DATES: Comments and information regarding the suggested designation
process and areas being considered for designation may be sent to NMFS
(See ADDRESSES) by May 14, 2009.

International Whaling Commission; 61st Annual Meeting; Nominations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; request for nominations.

SUMMARY: This notice is a call for nominees for the U.S. Delegation to
the June 2009 International Whaling Commission (IWC) annual meeting.
The non-federal representative(s) selected as a result of this
nomination process is(are) responsible for providing input and
recommendations to the U.S. IWC Commissioner representing the positions
of non-governmental organizations. Generally, only one non-governmental
position is selected for the U.S. Delegation.

DATES: The IWC is holding its 61st annual meeting from June 22-26,
2009, in Madeira, Portugal. All written nominations for the U.S.
Delegation to the IWC annual meeting must be received by April 24th,
2009.

ADDRESSES: All nominations for the U.S. Delegation to the IWC annual
meeting should be addressed to Bill Hogarth, U.S. Commissioner to the
IWC, and sent via post to: Ryan Wulff, National Marine Fisheries
Service, Office of International Affairs, 1315 East-West Highway, SSMC3
Room 12620, Silver Spring, MD 20910.

Environmental Protection Agency

Board of Scientific Counselors Executive Committee Meeting--May 2009

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection Agency, Office of Research and
Development (ORD), gives notice of one meeting (via conference call) of
the Board of Scientific Counselors (BOSC) Executive Committee.

DATES: The conference call will be held on Monday, May 4, 2009 from 3
p.m. to 5 p.m. eastern time, and may adjourn early if all business is
finished. Requests for the draft agenda or for making oral
presentations at the meeting will be accepted up to 1 business day
before the meeting.

ADDRESSES: Participation in the conference call will be by
teleconference only--meeting rooms will not be used. Members of the
public may obtain the call-in number and access code for the calls from
Lorelei Kowalski, whose contact information is listed under the FOR
FURTHER INFORMATION CONTACT section of this notice. Submit your
comments, identified by Docket ID No. EPA-HQ-ORD-2009-0260 by one of
the following methods:

Note: This is not a mailing address. Such deliveries are only
accepted during the docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2009-0260. EPA's policy is that all comments received will be included
in the public docket without change and may be made available Online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an "anonymous access" system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Board of
Scientific Counselors (BOSC) Executive Committee Meeting--May 2009
Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the ORD Docket is (202) 566-1752.

Ocean Acidification and Marine pH Water Quality Criteria

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability (NODA).

SUMMARY: This NODA provides interested parties with information
submitted to EPA on ocean acidification and solicits additional
pertinent data or information that may be useful in addressing this
issue. In addition, EPA is notifying the public of its intent to review
the current aquatic life criterion for marine pH to determine if a
revision is warranted to protect the marine designated uses of States
and Territories pursuant to Section 304(a)(1) of the Clean Water Act.
The NODA also solicits additional scientific information and data, as
well as ideas for effective strategies for Federal, State, and local
officials to address the impacts of ocean acidification. This
information can then be used as the basis for a broader discussion of
ocean acidification and marine impacts. EPA also requests information
pertaining to monitoring marine pH and implementation of pH water
quality standards.

DATES: Comments must be received on or before June 15, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0224, by one of the following methods:

Hand Delivery: EPA Docket Center, 1301 Constitution Ave,
NW., EPA West, Room 3334, Washington DC. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2009-
0224. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an "anonymous access" system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.

Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Water Docket/EPA/
DC, 1301 Constitution Ave, NW., EPA West, Room 3334, Washington DC.
This Docket Facility is open from 8:30 a.m. until 4:30 p.m., EST,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the Water Docket is (202) 566-2426.

Physiological Parameters Database for PBPK Modeling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

SUMMARY: EPA is announcing a public comment period for an on-line
database file, using the Microsoft[supreg] Access database management
system, that contains a comprehensive collection of physiological
parameter data intended to be suitable for application in
physiologically based pharmacokinetic (PBPK) modeling. The public
comment period will be for 30 days. EPA requests that interested users
comment on the functionality or usability of this resource and provide
comments that may be considered for improving the final product.

The draft database represents a compilation of several individual
databases developed over the past few years. It contains physiological
parameter data for humans from infancy through old age, as well as data
for experimental laboratory species. EPA requests that end-users
provide feedback regarding their experience working with this database.
Users are also encouraged to comment on specific studies or methods
employed in the studies included in the entire draft database. As a means of quality assurance and quality control (QA/QC), about
30% of the data entries, randomly selected, have been verified by an
independent contractor. This QA/QC process will be ongoing.

DATES: The 30-day public comment period begins April 16, 2009 and ends
May 18, 2009. Technical comments should be in writing and must be
received by EPA by close of business, May 18, 2009.

Comments may be submitted electronically via EPA's E-Docket, by
mail, by facsimile, or by hand delivery/courier. Please follow the
detailed instructions as provided in the SUPPLEMENTARY INFORMATION
section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the Office of Environmental Information Docket;
telephone: 202-566-1752; facsimile: 202-566-1753; or e-mail:
ORD.Docket@epa.gov.

If you have questions about the database, please contact the
Information Management Staff, National Center for Environmental
Assessment, U.S. Environmental Protection Agency, Washington, DC 20460;
telephone: 703-347-8561; facsimile: 703-347-8691; or e-mail:
NCEADC.Comment@epa.gov.

Health and Human Services

Board of Scientific Counselors, National Center for Health Statistics

In accordance with section 10(a)(2) of the Federal Advisory
Committee Act (Pub. L. 92-463), the Centers for Disease Control and
Prevention (CDC), National Center for Health Statistics (NCHS)
announces the following meeting of the aforementioned committee.

Status: Open to the public, and limited only to the space
available. For foreign nationals or non-US citizens, pre-approval is
required (please contact Althelia Harris, 301-458-4261, adw1@cdc.gov
or Virginia Cain, vcain@cdc.gov at least 10 days in advance for
requirements). All visitors are required to present a valid form of
picture identification issued by a state, federal or international
government. As required by the Federal Property Management
Regulations, Title 41, Code of Federal Regulation, Subpart 101-
20.301, all persons entering in or on Federal controlled property
and their packages, briefcases, and other containers in their
immediate possession are subject to being x-rayed and inspected.
Federal law prohibits the knowing possession or the causing to be
present of firearms, explosives and other dangerous weapons and
illegal substances. The meeting room accommodates approximately 100
people.

Purpose: This committee is charged with providing advice and
making recommendations to the Secretary, Department of Health and
Human Services; the Director, CDC; and the Director, NCHS, regarding
the scientific and technical program goals and objectives,
strategies, and priorities of NCHS.

Matters To Be Discussed: The agenda will include welcome remarks
by the Director, NCHS; introduction of members and key NCHS staff;
review of the long-term care statistics program; discussion of
upcoming program reviews; discussion of a potential integrated
interview and examination survey and an open session for comments
from the public.

Requests to make oral presentations should be submitted in
writing to the contact person listed below. All requests must
contain the name, address, telephone number, and organizational
affiliation of the presenter.

Written comments should not exceed five single-spaced typed
pages in length and must be received by April 17, 2009.

Notice of a Public Consultation Meeting on Proposed Revisions to the NIH Guidelines for Research Involving Recombinant DNA Molecule (NIH Guidelines)

There will be a public consultation meeting to solicit stakeholder
input regarding the proposed revisions to the NIH Guidelines. The
meeting will be held on Tuesday, June 23, 2009 at the Hyatt Regency
Crystal City, 2799 Jefferson Davis Highway, Arlington, Virginia, 22202,
from approximately 8 a.m. to 5 p.m.

Discussions will focus on the proposed revisions to the NIH
Guidelines which include: (1) Broadening the scope of the NIH
Guidelines, which currently cover laboratory and clinical research
involving DNA molecules created via recombinant techniques (i.e.,
joining of DNA molecules), to apply to nucleic acids that are
synthesized chemically or by other means without the use of recombinant
technology; (2) Revising the criteria for determining when the
introduction of a drug resistance trait into a microorganism must be
reviewed by the Recombinant DNA Advisory Committee and approved by the
NIH Director; and (3) Changing the level of review required for
recombinant or synthetic experiments involving more than one-half but
less than two-thirds of the genome of certain viruses in tissue culture
as described in Section III-E-1 of the NIH Guidelines.

The Notice of Consideration of a Proposed Action under the NIH
Guidelines was published in the Federal Register on March 4, 2009 (74
FR 9411) and may be located at the following link: http://
oba.od.nih.gov/rdna/rdna.html.

The meeting will be open to the public, with attendance limited to
the space available. Individuals who plan to attend and need special
assistance, such as sign language interpretation or other reasonable
accommodations, should notify the Contact Person listed above in
advance of the meeting.

National Institute of Environmental Health Sciences; Notice of Meeting

Pursuant to section 10(d) of the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is hereby given of a meeting of the
National Advisory Environmental Health Sciences Council.

The meeting will be open to the public as indicated below, with
attendance limited to space available. Individuals who plan to attend
and need special assistance, such as sign language interpretation or
other reasonable accommodations, should notify the Contact Person
listed below in advance of the meeting.

The meeting will be closed to the public in accordance with the
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended. The grant applications and the discussions could
disclose confidential trade secrets or commercial property such as
patentable material, and personal information concerning individuals
associated with the grant applications, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.

Name of Committee: National Advisory Environmental Health
Sciences Council.

Any interested person may file written comments with the
committee by forwarding the statement to the Contact Person listed
on this notice. The statement should include the name, address,
telephone number and when applicable, the business or professional
affiliation of the interested person.

Interior

Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Peninsular Bighorn Sheep and Determination of a Distinct Population Segment of Desert Bighorn Sheep (Ovis canadensis nelsoni); Final Rule

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), designate
revised critical habitat for the Peninsular bighorn sheep, a distinct
population segment (DPS) of desert bighorn sheep (Ovis canadensis
nelsoni) occupying the Peninsular Ranges of Southern California, under
the Endangered Species Act of 1973, as amended (Act). In total,
approximately 376,938 acres (ac) (152,542 hectares (ha)) fall within
the boundaries of the critical habitat designation. This revised
designation of critical habitat for Peninsular bighorn sheep reduces
the 2001 designation by approximately 467,959 ac (189,377 ha). The
revised critical habitat is located in Riverside, San Diego, and
Imperial Counties, California.

DATES: This rule becomes effective on May 14, 2009.

ADDRESSES: The final rule, final economic analysis, and map of critical
habitat will be available on the Internet at http://
www.regulations.gov. Supporting documentation we used in preparing this
final rule will be available for public inspection, by appointment,
during normal business hours, at the U.S. Fish and Wildlife Service,
Carlsbad Fish and Wildlife Office, 6010 Hidden Valley Road, Suite
101, Carlsbad, CA 92011; telephone 760-431-9440; facsimile
760-431-5901.

FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, U.S.
Fish and Wildlife Service, Carlsbad Fish and Wildlife Office (see
ADDRESSES section). If you use a telecommunications device for the deaf
(TDD), call the Federal Information Relay Service (FIRS) at 800-877-
8339.

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the
availability of the Revised Recovery Plan for the Hawaiian crow or
[revaps]Alala (Corvus hawaiiensis). This species, found only on the
island of Hawai[revaps]i, was Federally listed as endangered in 1967.

ADDRESSES: Copies of the recovery plan are available by request from
the U.S. Fish and Wildlife Service, Pacific Islands Fish and Wildlife
Office, 300 Ala Moana Boulevard, Room 3-122, Box 50088, Honolulu, HI
96850 (phone: (808) 792-9400). An electronic copy of the recovery plan
is also available at http://endangered.fws.gov/recovery/
index.html#plans. Printed copies of the recovery plan will be available
for distribution 4 to 6 weeks after the publication date of this
notice.

FOR FURTHER INFORMATION CONTACT: Jeff Burgett, Fish and Wildlife
Biologist, at the above Pacific Islands Fish and Wildlife Office
address and phone.

National Science Foundation

Notice of Proposed Rulemaking and Opportunity for Comment

AGENCY: National Science Foundation.

ACTION: Notice of proposed rulemaking and opportunity for comment.

SUMMARY: This document sets forth proposed revisions of the
Foundation's regulations under the Freedom of Information Act (FOIA).
The new FOIA provisions implement the Openness Promotes Effectiveness
in our National Government Act of 2007, or the OPEN Government Act of
2007, Public Law 110-175.

DATES: Submit comments on or before May 13, 2009.

ADDRESSES: Address all comments concerning this proposed rule to the
Office of the General Counsel, National Science Foundation, 4201 Wilson
Boulevard, Suite 1265, Arlington, VA 22230. You may also send comments
by facsimile transmission to (703) 292-9041, or send them
electronically through the Federal Government's one-stop rulemaking Web
site at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Leslie A. Jensen, Legal Analyst,
Office of the General Counsel, National Science Foundation, telephone
703-292-8060 and e-mail ljensen@nsf.gov.